BILL NUMBER: AB 1154	CHAPTERED  10/10/99

	CHAPTER   872
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999

INTRODUCED BY   Assembly Member Torlakson
   (Coauthor:  Assembly Member Steinberg)
   (Coauthor:  Senator Ortiz)

                        FEBRUARY 25, 1999

   An act to amend Sections 8483 and 8483.7 of, and to add Sections
8482.8 and 32270.5 to, the Education Code, relating to school safety,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1154, Torlakson.  School safety.
   Existing law, the Interagency School Safety Demonstration Act of
1985 establishes the School/Law Enforcement Partnership comprised of
the Superintendent of Public Instruction and the Attorney General,
and sets forth its duties, including, but not limited to, the
administration of interagency safe school programs, procedures, and
activities conducted pursuant to the School Safety Act.
   This bill would require the partnership to discuss with providers
of telephone equipment and services, and to acquire information
regarding, the availability of no-cost or reduced-cost cellular
telephones and services to be provided on a statewide basis to each
public school teacher for use as a classroom safety device and other
school-related uses, and would require the partnership to ensure that
schools are provided with this information for consideration in
developing its plan.
   Existing law establishes the After School Learning and Safe
Neighborhoods Partnerships Program, which serves pupils in
kindergarten and grades 1 to 9, inclusive, at participating
elementary, middle, and junior high school sites.  Under existing
law, every after school program established pursuant to the program
is required to operate a minimum of 3 hours a day and at least until
6 p.m. on every regular schoolday.
   This bill would authorize after school programs established
pursuant to the After School Learning and Safe Neighborhoods
Partnerships Program for pupils in middle school or junior high
school to implement a flexible attendance schedule for those pupils.

   Under existing law, every school that establishes a program
pursuant to the After School Learning and Safe Neighborhoods
Partnerships Program is eligible to receive a 3-year renewable
incentive grant for up to $5 per day per pupil.
   This bill would, alternatively, authorize a school that
establishes a program serving middle or junior high school pupils to
elect to receive $5 per pupil for each 3 hours of pupil attendance,
with a maximum total reimbursement of $25 per pupil per week.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known, and may be cited, as the
School Safety Act of 2000.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The California Constitution declares that all students and
staff of primary, elementary, junior high, and senior high school
have the inalienable right to attend campuses that are safe.
   (b) The safety of pupils, teachers, and school employees is one of
the foremost public policy issues facing our state.
   (c) Recent events in California and nationally make it clear that
violence is a real threat in our public schools.
   (d) The elimination of guns and other weapons from school
classrooms and campuses is of paramount importance.
   (e) In order to protect the safety of pupils, schools and teachers
should be integrated into local emergency networks at all times.
   (f) School safety would be enhanced if all teachers were equipped
with a cellular telephone they could use inside or outside of the
classroom for emergencies.
   (g) Comprehensive and long-term violence prevention efforts
include appropriate funding for school safety equipment and devices
that help to eliminate guns, weapons, gangs, drugs, and other threats
to pupils and staff from schools and for the acquisition,
construction, or alteration of school facilities necessary to make
campuses more safe.
  SEC. 3.  Section 8482.8 is added to the Education Code, to read:
   8482.8.  (a) If there is a significant barrier to pupil
participation in a program established pursuant to this article at
the school of attendance, an applicant may request approval from the
Superintendent of Public Instruction, prior to or during the grant
application process, to provide services at another schoolsite.  An
applicant that requests approval shall address the manner in which
the applicant intends to provide safe, supervised transportation
between schoolsites; ensure communication among teachers in the
regular school program, staff in the after school program, and
parents of pupils; and align the educational and literacy component
of the after school program with participating pupils' regular school
programs.
   (b) For purposes of this article, a significant barrier to pupil
participation in a program established pursuant to this chapter means
either of the following:
   (1) Fewer than 20 pupils participating in the program.
   (2) Extreme transportation constraints, including, but not limited
to, desegregation bussing, bussing for magnet or open enrollment
schools, or pupil dependence on public transportation.
  SEC. 4.  Section 8483 of the Education Code is amended to read:
   8483.  (a) (1) Every after school program established pursuant to
this article shall operate a minimum of three hours a day and at
least until 6 p.m. on every regular schoolday.  Every program shall
establish a policy regarding reasonable early daily release of pupils
from the program.
   (2) It is the intent of the Legislature that elementary school
pupils participate in the full day of the program every day during
which pupils participate and that pupils in middle school or junior
high school attend a minimum of nine hours a week and three days a
week to accomplish program goals, except when released early in
accordance with the early release policy described in paragraph (1)
or as reasonably necessary.
   (3) In order to develop an age appropriate after school program
for pupils in middle school or junior high school, programs
established pursuant to this article may implement a flexible
attendance schedule for those pupils. Priority for enrollment of
pupils in middle school or junior high school shall be given to
pupils who attend daily.
   (b) The administrators of a program established pursuant to this
article shall have the option of operating during any combination of
summer, intersession, or vacation periods for a minimum of three
hours per day at the approved rate for the regular school year
pursuant to Section 8483.7.
  SEC. 5.  Section 8483.7 of the Education Code is amended to read:
   8483.7.  (a) It is the intent of the Legislature that a minimum of
eighty-five million dollars ($85,000,000) be appropriated for the
program established pursuant to this article, through the annual
Budget Act.  Of the funds appropriated for the program, 50 percent
shall be reserved for programs that operate at elementary schools and
50 percent shall be reserved for programs that operate at middle and
junior high schools.  If there are not a sufficient number of
qualified applicants to use all of the funding in one category, the
remaining funds may be used for qualified applicants in the other
category.
   (b) (1) (A) Every school that establishes a program pursuant to
this article is eligible to receive a three year renewable incentive
grant, subject to annual reporting and recertification as required by
the State Department of Education, for either of the following, as
selected by the school:
   (i) Up to five dollars ($5) per day per pupil, if the program
serves pupils in elementary, middle, or junior high school.
   (ii) Five dollars ($5) per pupil for each three hours of pupil
attendance, with a maximum total reimbursement of twenty-five dollars
($25) per pupil per week, if the program serves pupils in middle or
junior high school.  To receive reimbursement pursuant to this
subparagraph, the program administrator shall apply to and receive
approval annually from the Superintendent of Public Instruction.
Approval by the Superintendent of Public Instruction shall be based
on program results.
   (B) The maximum total grant amount awarded pursuant to this
paragraph shall be seventy-five thousand dollars ($75,000) for each
regular school year for each elementary school and one hundred
thousand dollars ($100,000) for each regular school year for each
middle or junior high school.
   (2) For large schools, the maximum total grant amounts described
in paragraph (1) may be increased based on the following formulas, up
to a maximum amount of twice the respective limits specified in
paragraph (1):
   (A) For elementary schools, multiply seventy-five dollars ($75) by
the number of pupils enrolled at the schoolsite for the normal
schoolday program that exceeds 600.
   (B) For middle schools, multiply seventy-five dollars ($75) by the
number of pupils enrolled at the schoolsite for the normal schoolday
program that exceeds 900.
   (3) A school that establishes a program pursuant to this article
is eligible to receive a supplemental grant to operate the program
during any combination of summer, intersession, or vacation periods
for a maximum of the lesser of the following amounts:
   (A) Five dollars ($5) per day per pupil.
   (B) Thirty percent of the total grant amount awarded to the school
per school year pursuant to this subdivision.
   (4) Each program shall provide at least 50 percent cash or in-kind
local matching funds from the school district, governmental
agencies, community organizations, or the private sector for each
dollar received in grant funds.  Neither facilities nor space usage
may fulfill the match requirement.
   (c) The administrator of a program established pursuant to this
article may supplement, but not supplant existing funding for after
school programs with grant funds awarded pursuant to this article.
State categorical funds for remedial education activities shall not
be eligible as matching funds for those after school programs.
   (d) Up to 15 percent of the initial year's grant amount for each
grant recipient may be utilized for startup costs.  Under no
circumstance shall funding for startup costs result in an increase in
the grant recipient's total funding above the approved grant amount.

  SEC. 6.  Section 32270.5 is added to the Education Code to read:
   32270.5.  The partnership shall discuss with providers of
telephone equipment and services, and shall acquire information
regarding, the availability of no-cost or reduced-cost cellular
telephones and services to be provided on a statewide basis to each
public school teacher for use as a classroom safety device.  Although
the primary purpose of providing the cellular telephones is school
safety, a teacher receiving a cellular telephone as a result of these
discussions, shall be encouraged to use the cellular telephone for
school related purposes other than school safety.  These purposes
would include purposes that further the smooth administration of
general classroom and school functions, including, but not limited
to, communicating with parents about a pupil's education,
communication with pupils about classwork and homework assignments,
and communicating with other teachers and school administrators about
school operations generally.  Thus, the discussions between the
partnership and the providers shall include the availability of
no-cost or reduced-cost services in consideration of the complete
usage contemplated pursuant to this section.  The partnership shall
ensure that each school district, county office of education,
schoolsite council, and school safety planning committee developing a
school safety plan pursuant to Article 10.3 (commencing with Section
35294) of Chapter 2 of Part 21 is provided with information
regarding the availability of the no-cost or reduced-cost cellular
telephones and services for consideration in developing its plan.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for school districts to increase school safety in the
1999-2000 school year, it is necessary that this act take effect
immediately.
